Your ADA paratransit rights

Every public agency that runs fixed-route buses or trains must offer ADA complementary paratransit that is comparable to that service (49 CFR 37.121). Here is what “comparable” means in the federal rules.

Where and when service runs

• Service area: origins and destinations within ¾ mile of each bus route, and within ¾ mile of each rail station (37.131(a)). The distance is measured in a straight line, not by driving distance (FTA FAQ).
• Hours and days: the same hours and days as the fixed-route service (37.131(e)). If a bus route does not run late at night, paratransit along that route does not have to either.
• Agencies may go beyond these minimums, for example with a larger area or longer hours (37.131(g)).

Booking and the one-hour window

• A trip requested the day before must be scheduled at any requested time (37.131(b)).
• The agency may negotiate your pickup time, but not by more than one hour before or after your desired departure time (37.131(b)(2)). FTA says a trip offered outside that hour counts as a denial even if you accept it (FTA FAQ).
• Information and booking must be available in accessible formats and through accessible communication (37.167(f)).

Fares: at most twice the bus fare

• The paratransit fare may not exceed twice the full fixed-route fare (without discounts) for a trip of similar length at a similar time of day (37.131(c)).
• A personal care attendant rides free; a companion pays the same fare as you (37.131(c)(2)-(3)).
• Agencies may not charge you for rides to and from an eligibility assessment (FTA FAQ).

No limits on trips or trip purpose

• No priorities or restrictions based on why you are traveling (37.131(d)).
• No caps on the number of trips and no waiting lists for service (37.131(f)).
• No operational pattern that limits service, such as substantial numbers of significantly late pickups, trip denials or missed trips, or excessively long trips (37.131(f)(3)). Problems caused by things outside the agency’s control, like unexpected weather or traffic affecting everyone, do not count. FTA’s ADA Circular covers these limits in section 8.5 (FTA Circular C 4710.1).

No-shows and suspensions

• An agency may suspend service only for a pattern or practice of missed trips, and only for a reasonable period (37.125(h)). A pattern means intentional, repeated or regular actions, not isolated or accidental ones (FTA).
• Trips missed for reasons beyond your control, including operator error, illness, a family emergency or a late vehicle, cannot be counted (37.125(h)(1); FTA).
• Before a suspension, the agency must notify you in writing with the specific reasons and proposed sanction, let you be heard, and give you a written decision. You can appeal, and the suspension waits until the appeal is decided (37.125(h)(2)-(3)).
• FTA allows agencies to count late cancellations as no-shows when they have the same effect, typically when made less than one or two hours before pickup (FTA). FTA’s ADA Circular (section 9.12.5, “Prohibition Against Financial Penalties”) addresses fees for no-shows (FTA Circular C 4710.1).

On board

• Drivers must help riders use lifts, ramps and securement systems (37.165(f); FTA FAQ).
• Service animals must be allowed (service animals guide), and riders may travel with a respirator or portable oxygen (37.167(d), (h)).
• An agency may not deny a ride because a wheelchair lacks working brakes (FTA FAQ).

If something goes wrong

1. Write down dates, times and trip details, and file a complaint with your transit agency first. Agencies must have a complaint process (FTA FAQ).
2. If the agency does not resolve it, you can file an ADA complaint with the FTA Office of Civil Rights, generally within 180 days of the incident. FTA focuses on repeated problems, so a log of incidents helps (FTA FAQ).
3. Eligibility denied? See appealing a denied eligibility.

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